JOYCE v. JONES

Filing 17

ORDER ADOPTING 15 REPORT AND RECOMMENDATION. The petition for writ of habeas corpus, ECF No. 1 , challenging the judgment of conviction and sentence in State of Florida v. Daryl Lamont Joyce, Jr., Escambia County Circuit Court Case No. 09-CF-4118, is DENIED. The clerk is directed to close the file. A certificate of appealability be DENIED. Signed by CHIEF JUDGE M CASEY RODGERS on 9/22/2017. (sdw)

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UNITED STATES DISTRICT COURT
NORTHERN DISTRICT OF FLORIDA
PENSACOLA DIVISION

DARYL LAMONT JOYCE, JR.,
Petitioner,
v.

CASE NO. 3:15cv408/MCR/CJK

FLORIDA DEPARTMENT OF
CORRECTIONS SECRETARY,
Respondent.
______________________________/
ORDER
This cause comes on for consideration upon the Magistrate Judge’s Report
and Recommendation dated May 25, 2017. ECF No. 15. The parties have been
furnished a copy of the Report and Recommendation and have been afforded an
opportunity to file objections pursuant to Title 28, United States Code, Section
636(b)(1). I have made a de novo determination of those portions to which an
objection has been made.
Having considered the Report and Recommendation and all objections
thereto timely filed, I have determined that the Report and Recommendation
should be adopted.

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Accordingly, it is ORDERED:
1. The Magistrate Judge’s Report and Recommendation, ECF No. 15, is
adopted and incorporated by reference in this Order.
2. The petition for writ of habeas corpus, ECF No. 1, challenging the
judgment of conviction and sentence in State of Florida v. Daryl Lamont Joyce,
Jr., Escambia County Circuit Court Case No. 09-CF-4118, is DENIED.
3. The clerk is directed to close the file.
4. A certificate of appealability be DENIED.
DONE AND ORDERED this 22nd day of September, 2017.

s/

M. Casey Rodgers

M. CASEY RODGERS
CHIEF UNITED STATES DISTRICT JUDGE

Case No. 3:15cv408/MCR/CJK